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Inside Internal Controls

News and discussion on implementing risk management

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Intellectual Property, IP

Significant changes to Canada’s trademark laws now in effect

The most significant amendments to the Federal Canadian trademark statute finally came into effect June 17, 2019.

 

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Competition Bureau releases 2019 Intellectual Property Enforcement Guidelines

As an independent federal law enforcement agency, the Competition Bureau (the “Bureau”) seeks to ensure that Canadian business and consumers prosper in a competitive and innovative marketplace. Keeping with its mandate, the Bureau released its updated Intellectual Property Enforcement Guidelines (“IPEGs”) on March 13, 2019.

 

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Countdown to Canada’s new Trademarks Act: Take action

With the June 17 “coming into force” date of the new Canadian Trademarks Act fast approaching, there are opportunities you can be taking advantage of NOW. Here, we highlight some practical tips and considerations to help you maximize the opportunities and prepare for the new realities.

 

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Upcoming “blackout period” for CIPO online services

As you may be aware, a number of significant changes to the Canadian Trademarks Act will come into force on June 17, 2019.

 

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Competition Bureau releases updated enforcement guidelines on abuse of dominance and intellectual property

On March 7, 2019, the Competition Bureau (Bureau) published new Abuse of Dominance Enforcement Guidelines (2019 Guidelines). These guidelines supersede the Bureau’s previous guidelines (2012 Guidelines) on sections 78 and 79 of the Competition Act (Act) and set out the Bureau’s approach to these sections of the Act.

 

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Test for patent obviousness not so obvious – Federal Court of Appeal affirms obviousness is a “flexible, contextual, expansive, and fact-driven inquiry”

In late January, in two decisions released simultaneously, the Federal Court of Appeal affirmed the broad and factually-suffused nature of the obviousness inquiry.

 

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Benefits of industry group intervention in the Federal Court of Canada

The Federal Court is tasked with hearing a wide variety of judicial review applications that can have a substantial impact on Canadian industry and technology sectors.

 

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Hyperventilating about cyber – Part 2

Is the level of concern about cyber merited? Should organizations and individuals be as worried about the possibility and consequences of a breach as they are advised by the consultants, information security pundits, and in news reports?

 

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Trade secret enforcement in Canada: How rights holders can secure justice

Since the value of a company is increasingly made up of intangible assets, including intellectual property such as trade secrets, as opposed to tangible (e.g., bricks and mortar) assets, protecting and securing those important assets is vital to a company’s long-term success.

 

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Canadian patent law: 2018 year in review

There were various developments in Canadian patent law in 2018. Numerous decisions of the Federal Court of Appeal and Federal Court will have a notable impact on patent law in Canada going forward.

 

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Notice-and-notice regime in Canada: Don’t include a settlement offer in your copyright infringement notice

Under the “Notice-and-Notice” regime, copyright owners may send a written notice to any Canadian they suspect of infringing their copyright through an internet service provider or host.

 

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Are you making false representations in your franchise agreement?

Is it possible that an otherwise well-written franchise agreement might itself contain false representations by the franchisor?

 

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Foreign patent holders (and lawyers/patent agents): Beware when writing to Canadians

A number of changes to Canada’s intellectual property legislation came into force on Dec. 13, 2018. One of the changes to Canada’s Patent Act is a new subsection relating to written demands.

 

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CPTPP implemented in Canada: What you need to know

In this international trade brief, we discuss the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and why this international trade arrangement presents yet another immense opportunity and challenge for Canadian businesses.

 

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Federal Court of Appeal clarifies key damages concepts

Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217. In the underlying litigation, the Federal Court awarded damages to Eli Lilly because Apotex had infringed Eli Lilly’s patented process for making a cephalosporin antibiotic.

 

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